Brown v. Sparks, No. 1:2022cv00115 - Document 3 (D. Utah 2023)

Court Description: MEMORANDUM DECISION AND DISMISSAL ORDER. Petitioner's action is DISMISSED without prejudice for failure to prosecute this case. Signed by Judge Dale A. Kimball on 7/17/2023. (eat)

Download PDF
Brown v. Sparks Doc. 3 Case 1:22-cv-00115-DAK Document 3 Filed 07/17/23 PageID.267 Page 1 of 1 THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH KELLY CHRISTIAN BROWN, MEMORANDUM DECISION & DISMISSAL ORDER Petitioner, v. Case No. 1:22-CV-115-DAK KELLY V. SPARKS, District Judge Dale A. Kimball Respondent. On June 8, 2023, the Court ordered Petitioner to within thirty days show cause why this federal habeas petition should not be dismissed under the exhaustion and abstention doctrines. (ECF No. 2.) Petitioner has not responded. Indeed, Petitioner has not been heard from since this action was filed on September 8, 2022--more than ten months ago. (ECF No. 1) IT IS THEREFORE ORDERED that Petitioner's action is DISMISSED without prejudice for failure to prosecute this case. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962); Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003). This action is CLOSED. DATED this 17th day of July, 2023. BY THE COURT: JUDGE DALE A. KIMBALL United States District Court Dockets.Justia.com

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.